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Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
111111111 IN 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
200700020385 Fees: $28.00 by: AB
AGREEMENT by KALISPELL CITY ATTN/T WHITE
Date 7/9/2007 Tim age: o
Paula Robinson, Flathead County Montana
AP E X E
SUBDIVISION IM-PROVEMENT AGREEMENT
oU071sq 0 8q 9D
THIS AGREEMENT, made and entered into this 7th day of May 20 07 by and
between the CITY COUNCIL, CITY OF KALISPELL,, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
- Genesis Develppments, LLC
(Name of Developer)
a ComDan
(Individual, Company or Corporation)
located at P.O. Box 458, SomersMT 59932
(Street Address/P. 0. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Amended Plat of Lot 2 of Westbrook Subdivision
(Name of Subdivision)
located at Kalispell, Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of Amended Plat of Lot 2 of
Westbrook Subdivision upon the conditions as set forth (Name of Subdivision) in the Preliminary
Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been
completed at this time, and the Developer wishes to bond for the completion of those improvements
set forth in "Exhibit A" - and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improve . ments as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of $_29 911.68
NOW THIEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
0 A
collateral as determined by the City Council, in the amount of 37,389.60 Said Letter
of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date
set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $ 37,389.60 the estimated cost of
completing the required improvements in —Amended Plat of Lot 2 of Westbrook
.Subdivision
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period, the
creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in
the letter;
2. That said required improvements shall be fully completed by ___Septemberl 20 07
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete,;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all
defects for a period of one (1) year from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in conformance
with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO-
WIT.- That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall fumish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the required
time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
Document Number: 200700020385
Page: 2
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
—Genesis Developments, LLC.
(Name of Subd
,jyj0on/DS,yc�oper/F'rm)
by
STATE OF MONTANA
COUNTY OF f6#-ew4
on this day of 1120 before me, a Notary Public for the
State of Montana, personally appeared :3Qe'-_ CLLck known to me to be
the Lt_�l of whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto
MY hand an ixed my Notarial Seal this day and
Ve9r__fiirt above wfilten.
. ��� __iL diZ� 1* 1
No Public f, r Fe'State ofon't na
y
Re iding at. T
My Commission Ex4ires�
(M7 )OR, CITY OF "LISPELL
1 MAO
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ATTE :
CTtY CLERK
11111 Hill Hill 11111111111111111111 lim
Document Number: 200700020385
Page: 3
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
n/a -
Street Base
n/a -
Sidewalks
n/a -
Curbs and Gutters
n1a -
Sanitary Sewer
n/a -
Mains
Other (Manholes/Service ) n/a
On -Site Sewage
n/a
Facilities
Water System
n/a
Mains
Other
n/a
On -Site Water Supply
n/a
Water Storage Tanks
n/a
Fire Hydrants
n/a
Storrn Sewer or
n/a
Drainage Facilities
Street Signs
n/a
Street Lighting
n/a
Street Monuments
n/a
Survey Monument Boxes
n/a
Landscaping/Boulevard trees
n/a
(includes Common Areas)
Other (See Below)
X
I hr. fire wall construction
X
Remove faqade between buildings
X
Relocated sign for Lot A
X
1i b
_47
41
. . . . . . .... . ..... .
9/l/2007 $181�223.68
0%
9/1/2007 $81� 188
0%
9/1/2007 $35500
0%
SLT13TOTAL $ 29,911.68
FEES $ N/
TOTALS COSTS $ 292911.68
TOTAL COLLATERAL (TOTALS COSTS X 125%) $ 37,389.60
IIIIIIIII IN IIIII III III 1111111111111111111111111111111111111111111111111111111111 IN III 11111111111
Document Number: 200700020385
Page: 4